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Roger Stone Caught on Tape Discussing Trump’s Plan to Challenge 2024 Election
(www.thedailybeast.com)
this post was submitted on 19 Jun 2024
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I actually looked up the legalisation one time. Congress described a machine gun and gave all the definitions that were forbidden to alter it to make it automatic fire. It was pretty comprehensive, particularly given that it was written in the 80s. However this supreme court said that the magic words 'bump stock' wasn't in the legalisation. Words that didn't even exist until 2003, or thereabouts. The court ignored the legislative text completely.
And I don't believe that you are a gun nut at all. You seem perfectly reasonable and make a good point.
This is the text of the NFA that has defined what is a machine gun since 1934:
I'm not a fan of this SCOTUS, but the bump stock ruling was inline with decades of jurisprudence on the topic and the final opinion was fairly unsurprising as a result. It was honestly less of a gun law ruling and more of an executive regulatory procedure one.
A bump stock does not function by a single action of the trigger and does not meet the statutory definition as a result. The ATF rule banning them got struck down because Congress hadn't authorized the ATF to regulate machine guns beyond that specific statutory definition.
Bump stocks are no more a machine gun than a Gatling gun is under the definition that has existed for nearly a century, and the legal status of the latter has been extremely clear for a very, very long time.
If the goal is to treat them as a regulated item, then Congress needs to pass legislation with language that covers them because saying it was already there is simply incorrect. There is a specificity to the language of the NFA that doesn't cover any number of mechanisms. It's been a deficiency of the law since 1934.
If you want to fix that, that first requires understanding exactly what needs fixing.
That excellent quote of the text you provided spells out that any modifications to a gun that allows any more than a single shot is to be prohibited. A court that is very big on textual meaning, as it purports to be, would readily agree, unless bias is in the driver's seat.
This conservative supreme court despised regulatory agencies . For decades the US government has relied upon such agencies as subject experts and has allowed them to regulate their areas. This court just wants to reverse this common sense and established way of doing things. I might remind you that the bump stock thing wasn't a democrat initiative, but a bipartisan Trump one.
Incorrect.
It prohibits any conversion to a machine gun. The previous sentence has just defined a machine gun. The "by a single function of the trigger" language is what's critical to this case and you're completely ignoring it. When reading laws, you use words however they're explicitly defined if a definition is provided, not how you think they should be defined or would be used in common speech.
Like I said, Gatling guns are pretty highly analogous. They produce what most people would consider automatic fire. They've also consistently been ruled to not meet the definition of a machine gun going back to at least the 1950s because they don't meet that single function of the trigger requirement.
The solution is to change the text of the law.
However, many states do restrict this. Like mine thankfully. Crank operated firearms, like a Gatling gun, is legal though however federally. Which, yes, scratches the surface of my issues with gun legislation. Don’t get me started on short barreled rifles vs “pistol”.